Tuesday, January 10, 2006

Yes, Yes, A Thousand Times Yes
The Hidden Columnists--Maureen Dowd Edition (11 Jan 06)

In which MoDo provides her take on the ScAlito confirmation hearings so far this week (here's the link to the full column for Times Select subscribers):

It was a tale of two Sams.

Is he the old Sam, who devised ways to upend Roe v. Wade and crimp abortion rights? Or the new Sam, who has great respect for precedent and an "open mind" about abortion cases?

Is he the old Sam, who plotted ways to tip the balance of power to the executive branch? Or the new Sam, who states that "no person in this country is above the law, and that includes the president"?

Is he the old Sam, who said Robert Bork "was one of the most outstanding nominees of this century" and "a man of unequaled ability"? Or the new Sam, who shrugged off that statement as the dutiful support of one Reagan appointee for another?

Is he the old Sam, who cited membership in a Princeton alumni club that resisted the admission of women and minorities when he was seeking a promotion in the very white Reagan old boys' club? Or the new Sam, who has "no specific recollection of that organization," unless, of course, he innocently joined it to support R.O.T.C. on campus, and who says he's been shaped partly by his hopes for his 17-year-old daughter, Laura, and by his sister's experiences "as a trial lawyer in a profession that has traditionally been dominated by men"?

Is he the old Sam, who thoughtlessly blew off a pledge to recuse himself from cases involving Vanguard, where he has a six-figure mutual fund? Or the new Sam, who admits that the problem was not "a computer glitch," as he had suggested, and humbly says, "If I had to do it over again, there are things that I would have done differently"?

The judge didn't deign to say what he thought of illegal wiretaps - which you'd think would be an easy one.

About the judge's memory lapses, Senator Lindsey Graham, a Republican, drolly noted, "And I hope you'll understand if any of us come before a court and we can't remember Abramoff, you'll tend to believe us."

[...]

His basic defense to Democrats boiled down to: "I was just saying what my boss wanted to hear at the time." Haven't we had enough yes-men mangling government for the last five years? Heck of a job, Sammy.

I understand why the president is drawn to the judge. Mr. Alito is dubbed "Scalito" - a conservative senator, John Cornyn, accidentally blurted out the nickname - because he's so much like Antonin Scalia. And W. loves Nino.

Judge Alito has supported imperial powers for the presidency, not strong checks and balances; he approved the strip search of a 10-year-old girl but is not probing too deeply into what the executive branch is doing. That's W.'s philosophy, too - a pre-emptive right to secretly do everything from war to torture to snooping.

[...]

Judge Alito was evasive, disingenuous and deferential. He fits the Bush era like a baseball glove.


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